The body-worn camera policy that the V.I. Police Department shared with the Source Friday outlines procedures for releasing redacted videos to the public, but requested footage from fatal shootings in July and August has not been released.
The V.I. Police Department’s body-worn camera policy states that “Copies of BWC video files for release pursuant to a public records request or as authorized by the Commissioner or designee, shall be redacted, as required by law and Department procedures, prior to release.”
According to another section of the policy titled “Non-Departmental Requests,” public records requests “shall be accepted and processed, in accordance with the provisions of federal and territorial law and forwarded to the Project Administrator.” Further, “Public and Media request [sic] will be forwarded to the Public Information Officer.”
To date, VIPD has not provided the Source with requested body-worn camera footage — redacted or not.
Following police officers’ killings of Alejandro Torres III on July 17 and Tyler Simpson on July 24, the Source reached out to VIPD multiple times seeking information about the department’s investigation into those incidents. Responses from a VIPD spokesperson included assertions that “Any Audio or Video content involved in an ongoing investigation cannot be shared with the public.” During a Sept. 15 Government House press briefing, Gov. Albert Bryan Jr. told the Source that “if we have a camera — a police body camera policy — you’ll get it this afternoon.”
The Source did not get it that afternoon.
On Sept. 24, VIPD spokesperson Glen Dratte told the Source that there are two investigations related to Torres’s killing: “1. Criminal 2. Internal/ Administrative.”
“Therefore, the bodycam footage is not available, audio, or visual. We are reviewing the policy and will get back to you as soon possible [sic],” Dratte said.
VIPD leadership and other officials attended a court hearing on Sept. 26 as part of the department’s 16-year-old federal consent decree. Afterward, Police Commissioner Mario Brooks told the Source that the policy would be released, but that there were concerns about officers’ safety, the disclosure of investigative tools and the department’s collective bargaining agreement with union members.
The Virgin Islands government extended its contract with members of the Police Benevolent Association, which expired in 2023. That agreement does not address bodycam footage but states that “The employer shall not publish in any news media or for public consumption the names of employees covered by this Agreement who have been disciplined under internal disciplinary proceedings.”
Virgin Islands officials have also tried to suppress public disclosure of video footage in the name of officers’ safety before. In late 2018, the American Civil Liberties Union published a video depicting a St. Thomas corrections officer assaulting a prisoner. Attorneys for the V.I. Corrections Bureau — which has operated under a federal consent decree for even longer than the V.I. Police Department — argued that disclosing the footage posed security concerns about camera placements and the possibility of repercussions on jail staff.
“In addition to the significant security risk presented, the emotional and social impact of the video is substantial, as it connects sight and sound with a viewer’s emotions which may include rage and sympathy,” attorney Shari D’Andrade, representing the territory, wrote in an effort to suppress the video. “Those who view the video online are able to share the video with others which increases the video’s exposure exponentially. It goes without saying that St. Thomas is a small island and tight knit [sic] community. There are few degrees of separation. While the intent of releasing the video may have been to educate the wider public on the jail conditions, Defendants are seriously concerned with the possible repercussions for the staff involved in the use of force incident and the BOC staff in general in this small community.”
Chief Judge Robert Molloy of the U.S. District Court of the Virgin Islands denied the request in 2023 and gave the defendants in that case 10 days to file objections if they believed that “providing access to the video footage in question would compromise the health or safety of Bureau of Corrections employees, officers, or inmates.”
Read the bodycam policy below: